Pintoo @ Rajneesh Yadav And Others vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 6495 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 4236 of 2022
 

 
Applicant :- Pintoo @ Rajneesh Yadav And Others
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another
 
Counsel for Applicant :- Deo Raj Singh,Adarsh Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the parties and perused the record.

2. By way of this application under Section 482 Cr.P.C., the applicants have prayed for quashing of the charge-sheet No.247 of 2021 dated 31.7.2021 as well as for quashing of the entire proceedings of S.T. No.58 of 2022, arising out of Case Crime No.241 of 2021, under Sections 323, 504, and 506 IPC and Section 3(2)5A SC/ST Act, Police Station Bheera, District Lakhimpur Kheri.

3. This Court is not satisfied that there is no evidence against the applicants to support the charge-sheet. The evidence collected during the course of investigation does suggest commission of prima facie offence against the applicants.

4. At this stage, learned counsel for the applicants submits that this application may be disposed of with a direction to the court concerned to consider bail application of the applicants in the light of the judgment rendered by the Supreme Court in Criminal Appeal No.929 of 2021 (Aman Preet Singh Vs. C.B.I. Through Director).

5. I have considered the submissions advanced by the learned counsel for the parties and perused the record.

6. Learned counsel for the applicants submits that the Supreme Court in the case of Aman Preet Singh Vs. C.B.I. Through Director (supra) has, inter alia, held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail.

7. Learned counsel for the applicants has further submitted that in the present case, the applicants were not arrested during the course of investigation and they cooperated in the investigation. He, therefore, submits that arrest of the applicants in pursuance to the non-bailable warrant and his incarceration in jail merely because charge-sheet has been filed, would be contrary to the governing principles for grant of bail, as observed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) as well as Siddharth Vs. State of Uttar Pradesh and another (Criminal Appeal No.838/2021, 2021 SCC onLine SC 615).

8. In view of submissions advanced on behalf of the applicant, this application is disposed of with a direction to the applicants to surrender before the trial Court within a period of seven days from today and apply for regular bail and, if the applicants do so, their bail application shall be considered in light of the judgment passed by the Supreme Court in Aman Preet Singh Vs. C.B.I. Through Director (supra) as well as in Siddharth Vs. State of Uttar Pradesh and another (supra).

Order Date :- 11.7.2022

Rao/-